Back / lumbar spine decisions — 2020

The Board denied service connection for various conditions, including costochondritis, degenerative joint disease and disc disease of the lumbar spine, hypertension, COPD, sleep apnea, and gout. The issues are all denied.

The Board has remanded the claims for service connection for a lumbar spine disability and bilateral hearing loss due to potential issues with the evidence or need for further examination.

The Board has remanded the case due to inadequate examination and for further development, including obtaining a new VA examination to assess the Veteran's lumbar strain.

The Veteran's GERD is granted an initial rating of 30 percent, effective August 22, 2018. The Veteran’s lumbosacral strain remains at a 20 percent rating.

The Board has remanded the Veteran's claims for increased evaluations for service-connected gout of the left and right knees, as well as spondylosis of the lumbar spine due to lack of recent VA examinations.

The Veteran's appeals for higher ratings for her left knee and low back disabilities are remanded due to the need for additional medical examinations and consideration of new evidence.

The Veteran's claim for service connection for lumbosacral degenerative arthritis was granted with an effective date of March 18, 1988. The claim for bilateral hearing loss was reopened and the issue is currently pending.

The Board has remanded the Veteran's claims for service connection for various conditions, including headaches, vertigo, nose bleeds, chronic fatigue syndrome, left elbow joint pain, left knee joint pain, a heart condition, and gastrointestinal disability. The issues are being remanded due to incomplete records and the need for an addendum opinion regarding whether the Veteran has a qualified chronic disability as defined under 38 C.F.R. § 3.317.

The Veteran's appeal for an effective date prior to August 29, 2013, for the award of service connection for a low back disability was denied. The Board found that no formal or informal claim had been filed before this date and thus, no earlier effective date could be assigned.

The Board has remanded the Veteran's claims for increased evaluations and a total temporary evaluation due to missing treatment records. The effective date issue remains on appeal as the Veteran's claim is denied.

The Veteran's appeal is being remanded for further development of his claims, including additional VA treatment records and a June 2019 VA mental disorders examination. The issues include various disability ratings and service connection claims.

Service connection is granted for bilateral hearing loss disability and tinnitus, but denied for low back disability, asthma (claimed as dyspnea), sleep apnea, and hypertension.,The Veteran's current asthma was not manifest in active service or related to service.

The Veteran's low back condition did not result in limitation of forward flexion to 30 degrees or less, nor favorable ankylosis of the entire thoracolumbar spine during the period on appeal. As a result, his claim for increased rating was denied.

The Board granted an earlier effective date for the grants of service connection and increased rating, as well as attorney fees in the amount of 20% of past-due benefits awarded. The appeal was denied only for the grant of an earlier effective date for tinnitus.

The Board has remanded the case for additional development due to inadequate VA examinations and a need for retrospective medical opinions regarding the Veteran's low back disability. The Veteran is also seeking an earlier effective date for bilateral lower extremity radiculopathy.

The Board has decided that the Veteran's lower back disability, which is already service-connected as secondary to type II diabetes, needs further examination and opinion regarding whether it is aggravated by his service-connected condition.

The Board has decided to remand the case due to inadequate opinions regarding the etiology of the Veteran's back condition, specifically whether it is related to his service-connected bilateral knee and hip disabilities.

The Board denied service connection for degenerative joint disease of the right shoulder and lumbar spine, finding that there was no evidence to support a link between these conditions and service.

The Board has found that there has not been substantial compliance with the remand directives and requires a new VA examination to determine the nature and etiology of the Veteran's chronic low back pain disability and skin disability. The claims are being returned for further development.

The Veteran's lumbar spine disability is rated at 40 percent prior to July 31, 2010 and granted TDIU effective May 1, 2007. The rating for the condition from July 31, 2010 onwards remains denied.